For our firm’s general overview on the Corporate Transparency Act (CTA), click HERE. We thought it would be helpful to supplement with this short list of Frequently Asked Questions (FAQs) regarding the CTA. Read the article…………………………….
Galleria Condo Board Sues Magician David Copperfield for $2.5 Million (NY)
Disputes between co-op and condo boards and their buildings’ residents can be civil. They can be toxic. And sometimes, as the current dispute at the Galleria luxury condo attests, they can go all the way to thermonuclear. Read the article…………………………….
765 ILCS/27: How to Amend an Illinois Condominium Declaration?
Given the ever-changing nature of the Illinois Condominium Property Act (the “Act”), condominium associations must regularly review their governing documents to ensure smooth operations and avoid exposure to litigation. This article will address how to amend an Illinois condominium declaration under the Act. Read the article…………………………….
New Reserve Study Requirements for Illinois Community Associations Proposed for 2025
Illinois House Bill 0220 (HB0220) is a legislative proposal that amends both the Common Interest Community Association Act and the Condominium Property Act……The bill outlines the requirements for these reserve studies, ensuring that associations regularly assess and plan for the maintenance and repair of shared infrastructure. Read the article…………………………….
Reminder – Homeowners’ Associations Deadlines For Compliance With New Laws (FL)
……..we wanted to provide a friendly reminder to all homeowners’ associations of impending deadlines relative to the new amendments to Florida Statute pursuant to House Bill 59 and House Bill 1203. Specifically: (i) effective immediately, all homeowners associations are required to adopt written rules governing the method or policy governing the retention of official records; […]
2024 Hurricane Law Update (FL)
It’s likely that most property owners reading this have been through more than one hurricane season in Florida. Therefore, much of the information in Becker’s Hurricane Preparedness and Recovery Guide is probably not altogether new to them. However, the 2024 legislative session was particularly active and resulted in several new laws affecting community associations. Read […]
Testimony begins in College Hill condo lawsuit; owners say condo board can’t force them out (OH)
Following a 2023 fire, The North Hammond Condominiums board said remaining residents will need to relocate during repairs, but condo owners sued the board claiming that decision requires a vote. Nine people were injured. Nearly two dozens units were destroyed. Fifty families remain displaced. That’s the reality at The North Hammond Condominiums in College Hill […]
New Reserve Law in New Jersey – Community Association Compliance Required
We are now halfway through 2024 and we want to again remind our New Jersey community association clients to check their reserve study status to ensure compliance with the January 8, 2024 law relating to reserve studies and reserve funding. Who must comply? All New Jersey community associations are required to comply with the new […]
If Your Condominium Has 25 or More Units There Is a New Website Requirement (FL)
Prior to July 1, 2024, only associations operating condominiums with 150 or more units were required to have a website. However, Florida lawmakers expanded this mandate through House Bill 1021, which was signed by Governor DeSantis and became effective July 1, 2024, to include any association operating a condominium with 25 or more units. The […]
Supreme Court of New Jersey Holds that Indemnification Can Exist in First-Party Claims, With the Appropriate Language
For many years, the rule of law governing claims for contractual indemnification in New Jersey has been well-established under the so-called “Azurak” rule, which requires that, in order for a party to be indemnified for its own negligence, the agreement upon which the claim is based must explicitly and unambiguously say so. This rule has […]
New report outlines ideas to address threatened oceanfront homes on North Carolina’s coast
The waves washed against the wooden pilings of a handful of houses in Rodanthe Tuesday afternoon. The same question has been top of mind for many locals: “What can be done to stop these structures from falling into the ocean and creating a public safety risk?” Read the article…………………………….
New York Condo Boards and Management Beware: Eshaghour Case in Manhattan Sets Precedent for Individual Liability
A New York Supreme Court decision by Justice Lebovits in Board of Managers of The Promenade Condominium v. Eshaghour could significantly impact the condominium community, highlighting the potential for individual board members and their management companies to face personal liability for their actions. This ruling serves as a stark reminder that board members must act […]
Resident Sues Local Condo Complexes Over Scooter Accident Injuries (FL)
A resident of Palm Beach County is seeking justice after a scooter accident allegedly caused by hazardous conditions at a local condominium complex. Milan Pavlik filed a complaint on August 15, 2024, in the Circuit Court of the 15th Judicial Circuit in Palm Beach County, Florida, against Flagler Landing Condominium Association, Inc., Triton Property Management, […]
Homeowners’ Association Accuses Public Building Commission for Chicago Over Gym Construction (IL)
A homeowner’s association is embroiled in a legal battle over the construction of a gymnasium that they claim violates long-standing restrictive covenants. The Castlewood Terrace Homeowner’s Association filed an appeal on August 16, 2024, in the Appellate Court of Illinois against the Public Building Commission for the City of Chicago. Read the article…………………………….
Are Your Community Assn. Attorneys Using AI Services to Perform Legal Services for You? Hoffman Law LLC is Not (well, at least not yet) … and … Here is Why (PA)
Artificial Intelligence, or AI, has seemingly become an everyday term these days. People are using AI to write resumes, create rough drafts of stories based on variables that the end-user inputs, and also perform all types of tasks for personal and professional use … and … it’s evolving (quickly!). But, as I learned from an […]
Classifying Mortgages and HOA Super Liens
Across the country, numerous states have passed uniform community housing statutes that create liens for homeowner’s associations against units in their communities for unpaid assessments. These liens are typically automatically enforceable upon failure to pay an assessment. Once enforceable, the liens can obtain “super priority” status over other lien holders. The super priority lien of […]
One Homeowner And HOA Properly Awarded A Grand Total Of $460,573.95 In Condo Noise Dispute Where Neither Party Won Their Arbitration Claims (CA)
In this category, we have posted on many homeowner disputes where one side prevailed and obtained substantial fee awards under CC&Rs and the Davis-Stirling Act’s fee-shifting statute. We also have posted on where both sides went away empty on fees because an arbitrator or trial judge found no one prevailed. Well, here is another one […]
Palos Verdes Residents Sue City of Rancho Palos Verdes, Rolling Hills, L.A. County and Others Alleging Inverse Condemnation, Negligence, Dangerous Condition and More (CA)
Attorneys from ACTS LAW filed a lawsuit in Los Angeles Superior Court alleging inverse condemnation, negligence and other failures from utilities, contractors and several municipalities led to the landslides that have continually plagued residents over the last two years. Several residents in Palos Verdes who are directly impacted by the well-publicized landslides filed the lawsuit […]
Marijuana Use in Community Associations: Legal Guidelines and Fair Housing Considerations (FL)
As of July 2024, marijuana is legal in 38 of 50 states for medical use and legal in 24 states for recreational use. In 2016, Florida voters approved medical marijuana. In November 2024, Floridians will have the right to vote to legalize marijuana for recreational use in the State of Florida. Read the article…………………………….
Construction suspended on 4 mid-Michigan dams
The Four Lakes Task Force updated its timeline for suspended construction on four mid-Michigan dams. This comes following the dam failures back in 2020…….Last week, the Michigan Court of Appeals granted a motion from the FLTF to expedite the briefing schedule in connection with the Heron Cove Association’s lawsuit. Read the article…………………………….
New Reserve Requirements for NJ Shared Interest Communities
In response to the 2021 Surfside Condominium tragedy in Florida, many states and municipalities have adopted, are considering adopting, or are updating existing rules governing reserves, reserve studies and maintenance schedules for multifamily buildings. New Jersey has passed new statewide regulations concerning all the above. Read the article…………………………….
Recent Case Law Does Not Doom All Rental Restriction Amendments (NC)
The North Carolina Court of Appeals recently released two cases that raise the question of whether a covenant amendment containing rental restrictions may be adopted by a condominium association or homeowners association. Read the article…………………………….
ADUs as Condos: What Does it Mean for Homeownership? (CA)
A California law may soon make homeownership more attainable for some Americans. AB-1033 permits California property owners to build and sell Accessory Dwelling Units (ADUs) as separate entities, much like condos, independent of the main house. This law offers homeowners more flexibility in developing their properties and creates much-needed housing in urban areas. San Jose […]
Washington Supreme Court Refuses to Narrow Coverage Preserved by a Resulting Loss Clause
The Washington Supreme Court’s March 14, 2024 decision in Gardens Condominium v. Farmers Insurance Exchange1 held that an all-risk policy’s resulting loss clause preserves coverage for non-excluded losses that are the natural consequences of an excluded peril. The Court underscored that its holdings in two prior resulting loss decisions, Vision One2 and Sprague3, do not […]
Understanding the Michigan Reserve Study Bill: Essential Updates for Condominium Associations
Did you know that Michigan’s HB 5019, a new bill pending in the Michigan House, aims to bring significant changes to the way condominium associations manage their reserve funds? Currently, Michigan law requires that condominium associations maintain a reserve fund for major repairs and the replacement of common elements. The state administrative code mandates that […]
765 ILCS 605/18.12: What Every Condominium Association Needs to Know About the New Accessible Parking Requirements Under the Illinois Condominium Property Act
The Illinois General Assembly recently amended 765 ILCS 605/18 by adding Section 18.12 which requires all condominiums with parking to implement policies for accessible parking access for disabled owners. Governor Pritzker approved the legislation on August 9, 2024 and the legislation will be effective on January 1, 2025. This article will provide critical guidance to […]
Rutherford Co-op to Pay $165,000 for Violating Fair Housing Act (NY)
How much are a couple of parrots worth? If they’re support animals for a person with a disability, as the shocked residents of the Rutherford co-op near Gramercy Park just learned, they’re worth $165,000 in damages plus $585,000 for the shares of the disabled person’s apartment. Read the article…………………………….
Association can’t collect assessments despite unauthorized rezoning (VA)
A circuit court correctly dismissed claims made by a property association that a business failed to pay assessment fees after rezoning commercial property without its approval in breach of declarations, the Court of Appeals of Virginia has held. The current owner argued that it wasn’t subject to the commercial declaration or obligated to pay assessment […]
City Pushes Back Against Bid to Water Down Fines for Local Law 97 (NY)
Terrified by the potential costs of complying with Local Law 97, which requires owners to reduce their buildings’ carbon emissions or face stiff fines, co-op and condo boards in the outer boroughs aired their fears to elected officials. They got a warm reception from City Councilmember Linda Lee (D-Queens). Read the article…………………………….
The Ever-changing NH Condo Act
It may be time to replace the expression “death and taxes” with “death, taxes and NH Condo Act amendments.” Year in, and year out, it seems the legislature will continue to make tweaks to the statute. We will utilize this space to keep you informed of such changes. Thankfully the changes in question are good […]
Parking in your Association & A.R.S. 33-1818 (AZ)
Last year, the Arizona State Legislature passed HB2298, now A.R.S. Section 33-1818, which applies to planned communities with public roadways. Now planned communities are faced with figuring out whether they need to worry about this new law. The first step is determining whether this law applies to your planned community. A.R.S. 33-1818 only applies to […]
Wrap Up of 2024 Legislative Review (FL)
Today’s column is the seventh and final installment of our review of 2024 legislation affecting Florida community associations. Today, we will continue our review of some major changes made to the laws regulating homeowners’ associations, with a focus on new rules on architectural changes, governing document disclosures, hurricane protection requirements, as well as some miscellaneous […]
Leavenworth approves controversial ordinance permitting condominiums in residential zones (WA)
City Council approved an ordinance to allow condominiums in residential zoning, following a contentious discussion between the council and members of the community. “If I wasn’t able to buy my house that I did six years ago, I would be looking at a condo. It brings up a lot of emotions,” said Council member Shane […]
Florida Senate president rules out special session to address condo issues
Senate President Kathleen Passidomo on Friday ruled out a special legislative session to address problems facing condominium associations and owners, including soaring costs.
A condo crisis is brewing in Florida. Lawmakers won’t take action soon.
Florida lawmakers likely won’t take action soon to relieve a brewing condominium crisis that could see thousands of owners priced out of their homes. In a letter to state senators on Friday, Senate President Kathleen Passidomo, R-Naples, rejected calls to reconvene the Legislature before March to amend new condo safety laws passed in the wake […]
There is More to S2760 (FL)
Most people in the community association world are now aware of New Jersey’s Senate Bill S2760, commonly known as the Structural Integrity and Reserve Act (“Act”). This legislation introduces crucial provisions for condominium and cooperative buildings, addressing structural integrity, mandating periodic inspections, and improving reserve funding requirements. As community associations prepare for the transition from […]
North Carolina Court of Appeals Refuses to Enforce ‘Unreasonable’ Amendment to Restrictive Covenant Prohibiting Short-Term Rentals
The North Carolina Court of Appeals waded into territory that has become increasingly challenging for developers and homeowners’ associations (HOAs) to navigate: the regulation of short-term rentals. In an opinion released August 6, the court affirmed a trial court’s ruling that an amendment by an Asheville, NC-area HOA that banned short-term rentals was unreasonable and, […]
Lawmakers call more special session before Florida condo safety deadline
There are growing concerns and calls for a special legislative session in Tallahassee to battle a growing issue among condo owners. Buildings older than 30 years old must have inspections and critical repairs completed by Dec. 31, or owners and associations could face fines. Read the article…………………………….
FTC Non-Complete Clauses CAT
On April 23, 2024, the Federal Trade Commission (FTC) made a defining decision regarding non-compete clauses, marking a momentous shift in labor market regulations. This unprecedent decision aims to eliminate the widespread use of non-compete clauses in employment agreements effective September 4, 2024. Even with the FTC’s decision, there is still uncertainty how individual states, […]
Michigan Supreme Court Rules: Co-Owner May Maintain Lawsuit against Association for Injuries Sustained on Common Elements
In a divided opinion, the Michigan Supreme Court recently ruled that a condominium co-owner who was injured while on common elements of a complex can maintain a premises liability action against a condominium association. In the case of Janini v. London Townhouses Condominium Association (Docket No. 164158; decided July 11 2024). The court held: Read […]
New Reserve Law – Community Association Compliance Required (NJ)
We are now halfway through 2024 and we want to again remind our community association clients to check their reserve study status to ensure compliance with the January 8, 2024 law relating to reserve studies and reserve funding. Who must comply? All community associations are required to comply with the new reserve law. The only […]
ADUs in Arizona: Navigating New Laws and HOA Regulations
Our firm has received several questions regarding recent changes in Phoenix and Tucson Law which expand the options for owners to build Alternative or Accessory Dwelling Units (ADUs) or casitas on their lots. An ADU is an independent housing unit that shares a lot with a primary residence. ADUs typically have their own separate living […]
New Accessible Parking Requirements Passed Into Law: What Do Illinois Community Associations Need To Know?
On August 9, 2024, new accessible parking requirements for Illinois condominium associations were signed into law by Governor Pritzker. The new law, which amends the Illinois Condominium Property Act, imposes certain new requirements related to parking for “a unit owner who is a person with a disability who requires accessible parking.” This change in the […]
Too Little, Too Late: Florida Association Found Liable in Records Requests Lawsuit
A Florida homeowners association was found liable in a records requests lawsuit that emphasizes the need for timely response and proper recordkeeping among community associations. The Fifth District Court of Appeal in Florida emphasized that an association’s failure to promptly and fully respond to a homeowner’s request can result in fines and other liabilities against […]
There is More to S2760 (NJ)
Most people in the community association world are now aware of New Jersey’s Senate Bill S2760, commonly known as the Structural Integrity and Reserve Act (“Act”). This legislation introduces crucial provisions for condominium and cooperative buildings, addressing structural integrity, mandating periodic inspections, and improving reserve funding requirements. As community associations prepare for the transition from […]
Florida HOAs can no longer enforce these rules: HB 1203
Florida HOAs have mixed emotions about House Bill 1203. Several new laws came into effect on July 1, 2024, and as a result, some HOA members living in the Sunshine State feel a little more relaxed. The objective of HB 1203 is to promote transparency and consistency across Florida homeowners associations. Some communities have very […]
What does a mediator do during a HOA dispute? (FL)
Whether you’re a homeowner feeling unheard or a board member striving to maintain harmony, the tension in a Homeowners Association (HOA) dispute can take a toll on everyone involved. This is where a certified mediator steps in. Mediators help people involved in civil disputes find a solution without going to court. They guide disagreeing parties […]
Contract: Business prevails in dispute with community association (VA)
Where a property association alleged a business failed to seek its approval before rezoning the property, but the current owner did not own the property until two months after the Board of Supervisors approved the rezoning application, it was not required to seek approval from the Association. Read the article…………………………….
Condominium Association’s Legal Duty to Co-Owners: Key Takeaways from Janini v. London Townhouses (MI)
Recently, the Michigan Supreme Court decided the case of Janini v London Townhouses Condominium Association, issued July 11, 2024 (Docket No. 164158), concluding that a co-owner of a condominium unit is an invitee under Michigan law if that person enters the common elements of the condominium, and due to this status, the condominium association owes […]